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MINK v. PUA

No. 10998.

711 P.2d 723 (1985)

Patsy MINK and Marilyn Bornhorst, in their official capacity as council members of the City and County of Honolulu, State of Hawaii on behalf of themselves and all other voters of the City and County of Honolulu, Petitioners, v. Raymond K. PUA, City Clerk, City and County of Honolulu, Toraki Matsumoto and Rudy Pacarro, Respondents, and Republican Party of Hawaii, Intervenor.

Supreme Court of Hawaii.

December 4, 1985.

Attorney(s) appearing for the Case

David C. Schutter, (David F. Simons and Janice E. Teramae with him on the petition, Schutter Cayetano Playdon, Honolulu, of counsel), for petitioners Mink and Bornhorst.

Boyce R. Brown, Jr. (Mary Blaine Johnston and Cynthia H.H. Thielen with him on briefs, Brown & Johnston, Honolulu, of counsel), for respondents Matsumoto and Pacarro.

Ronald B. Mun (A. Edward Fyffe, Jr. with him on brief), Deputy Corp. Counsels, Honolulu, for respondent Pua.

George L. Dyer, Jr., Honolulu, for intervenor Republican Party of Hawaii.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI, JJ., and Intermediate Court of Appeals Associate Judge TANAKA in place of WAKATSUKI, J., Recused.

PADGETT, Justice.

On Tuesday, November 26, 1985, we issued an order directing respondent Raymond K. Pua, Clerk of the City and County of Honolulu, to take appropriate action pursuant to HRS § 11-117(b) to carry into effect our ruling that respondents Toraki Matsumoto and Rudy Pacarro were disqualified to run in the special election held to fill their unexpired terms as a result of their having been recalled. In that order, we noted that a written opinion would...

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